Fair Trading (Fuel Prices) Amendment Act 2001 (ACT)

Fair Trading (Fuel Prices) Amendment Act 2001

No 50 of 2001

An Act to amend the Fair Trading (Fuel Prices) Act 1993

[Notified in ACT Gazette No. 28: 12 July 2001]

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Name of Act

   This Act is the Fair Trading (Fuel Prices) Amendment Act 2001.

2. Commencement

   This Act commences on the day it is notified in the Gazette.

3. Act amended

   This Act amends the Fair Trading (Fuel Prices) Act 1993.

4. Section 10

   renumber as section 12

5. New sections 10 and 11

   insert

6. Record of temperature converted volume

7. This section applies to a person (the supplier) who authorises the delivery of a regulated transfer of a fuel to another person (the recipient).

8. The supplier must ensure that at the time of the delivery, or as soon as practicable after the delivery, the recipient is given a statement that includes the following information:

   (a)the kind of the fuel;

   (b)the volume of the fuel loaded into a container (including, for example, a petrol tanker) for consignment to the recipient;

   (c)the temperature of the fuel at the time it is loaded for consignment;

   (d)the volume of the fuel loaded for consignment measured or calculated as if the fuel were at the temperature of 15^oC;

   (e)whether, after the fuel has been loaded for consignment, a quantity of fuel has been added to or removed from the consignment;

   (f)any other information prescribed under the regulations for this paragraph.

9. A person must not, without reasonable excuse, contravene subsection (2).

   Maximum penalty (for subsection (3)): 50 penalty units, imprisonment for 6 months or both.

10. This section does not prevent the volume of the fuel being measured or calculated as if the fuel were at the temperature of 15^oC at the time of its delivery to the recipient.

    Example

    If only part of a single consignment of a fuel is delivered to the recipient, the volume supplied may be measured through or by a device that measures or calculates the volume of fuel delivered as if it were at the temperature of 15^oC.

11. Charging for temperature conversion of fuel prohibited

    A person must not authorise the delivery of a regulated transfer of a fuel to another person if a charge or some other form of consideration is either directly or indirectly made or otherwise required for complying with—

    (a)section 8 (1) (When a volume of fuel must be temperature converted); or

    (b)section 10 (2) (Record of temperature converted volume).

    Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

Endnote

Act amended

Republished as in force on 24 July 2001 (Republication No 2).

[Presentation speech made in Assembly on 14 June 2001]

©  Australian Capital Territory 2001